If a vacancy occurs in any elective office, the Mayor or the
person exercising the duties of the Mayor shall cause a special meeting
of the Board of Aldermen to convene where a successor to the vacant
office shall be selected by appointment by the Mayor with the advice
and consent of a majority of the remaining members of the Board of
Aldermen. If the vacancy is in the office of Mayor, nominations of
a successor may be made by any member of the Board of Aldermen and
selected with the consent of a majority of the members of the Board
of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next regular municipal election. If a vacancy occurs in any office
not elective, the Mayor shall appoint a suitable person to discharge
the duties of such office until the first (1st) regular meeting of
the Board of Aldermen thereafter, at which time such vacancy shall
be permanently filled.
The Mayor may, with the consent of a majority of all the members
elected to the Board of Aldermen, remove from office, for cause shown,
any elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (2/3) vote of all members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, and any such appointive officer may be so removed
by a two-thirds (2/3) vote of all the members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
[Code 1955 §2-18; CC 1970 §2-11]
A. In all
cases in which it shall be attempted to remove any officer, such officer
shall be given a written notice of the intention to remove, which
notice shall be either delivered to him/her in person or shall be
sent to him/her by registered mail with return receipt requested.
B. The notice
referred to in the preceding paragraph shall state the action taken
by the Mayor or Board of Aldermen, as the case may be, regarding the
intention to remove such officer and shall state clearly and definitely
the cause for which such removal shall be sought. Such notice shall
state the time and place at which a hearing before the Mayor and Board
of Aldermen shall be had regarding such charges and shall give such
officer sought to be removed reasonable opportunity, in no case less
than ten (10) days, to be present at such hearing and to answer such
charges.
[Code 1955 §2-19; CC 1970 §2-12]
A. At the hearing referred to in Section
115.040, the Mayor shall preside, whether such removal is sought with or without his/her approval or recommendation. In his/her absence, refusal or inability to so preside, the Acting President of the Board of Aldermen shall preside at such hearing.
B. The charges
will first be presented and heard and the Board of Aldermen may produce
such witnesses as they see fit to support such charges, and such other
evidence as they may require. The officer sought to be removed may
produce such witnesses as he/she may require and may present such
other evidence as he/she requires to defend such charges. The Board
of Aldermen may be represented by counsel and the officer sought to
be removed shall also have counsel if he/she so desires.
C. After
the hearing, the Board of Aldermen shall, immediately or at a reasonable
time subsequent to the hearing, vote to determine whether such officer
shall be removed.
[Code 1955 §2-20; CC 1970 §2-13]
Any officer being removed after the hearing and in the manner
outlined in the preceding Section, shall have no right of appeal and
shall have no right of action against the City or against any of its
officers by virtue of such removal, nor shall such removed officer
have any claim for salary or remuneration by virtue of his/her prior
election or appointment, the term of which has not expired at the
time of his/her removal.
[Code 1955 §2-21; CC 1970 §2-14]
The findings of the Board of Aldermen and their decision shall
be inscribed in the journal of proceedings of the Board of Aldermen
by the City Clerk.
[Code 1955 §2-22; CC 1970 §2-15]
The City shall not be responsible nor liable for any expenses,
necessary or otherwise, incurred by an officer defending charges made
against him/her, or in resisting removal from office.
Every Officer of the City and his/her assistants, and every
Alderman, before entering upon the duties of his/her office, shall
take and subscribe to an oath or affirmation before some court of
record in the County, or the City Clerk, that he/she possesses all
the qualifications prescribed for his/her office by law; that he/she
will support the Constitution of the United States and of the State
of Missouri, the provisions of all laws of this State affecting Cities
of this class, and the ordinances of the City, and faithfully demean
himself/herself while in office; which official oath or affirmation
shall be filed with the City Clerk. Every Officer of the City, when
required by ordinance, shall, within fifteen (15) days after his/her
appointment or election, and before entering upon the discharge of
the duties of his/her office, give bond to the City in such sum and
with such sureties as may be designated by ordinance, conditioned
upon the faithful performance of his/her duty, and that he/she will
pay over all monies belonging to the City, as provided by law, that
may come into his/her hands. If any person elected or appointed to
any office shall fail to take and subscribe such oath or affirmation,
or to give bond as herein required, his/her office shall be deemed
vacant. For any breach of condition of any such bond, suit may be
instituted thereon by the City, or by any person in the name of the
City to the use of such person.
[Ord. No. 932 §1(k), 4-18-1978]
All persons appointed to any position, committee or commission
in the City by the Mayor, with the consent and approval of the majority
of the members of the Board of Aldermen, shall serve in such capacity
at the pleasure of the Mayor and the majority of the members of the
Board of Aldermen.